Ringpeas

Bought a Candy fridge freezer from them in November and it has now failed 4 times
Each time we have had to throw away the majority of the defrosted food, so the cost is starting to add up.
Argos have finally agreed to exchange it but will not pick up any of the costs of the ruined food, despite their inquiries line saying that they would. Candy said we could claim from them but have not replied to any letters.
I am starting to get really pi**ed off now [img]images/smilies/mad.gif[/img]
Argos suggested my home insurance, but after the excess it will be hardly worth it.

Anyone know who should be liable (if anyone)?

ajm

Argos should be because your contract is with them!

Ringpeas

That's what I thought.

<rolling up sleeves>

andrewdelvard

The Argos terms and conditions are here

If I was you I'd try emailing them. (the email address is on the above page)You've already had two different responses so see what happens with a third. If the reply goes your way ( Argos, through my experience, do reply quite quickly) print it off and take it with you to your local branch when returning the freezer.



Edited to say for some reason the link isn't currently working so go to the Argos website and look up the terms and conditions page.

[Edited by andrewdelvard - 1/9/2004 8:44:46 AM]

RoadrunnerV2

I am not up to speed with white goods trading act but I can't see why argos would be liable for loss of content , unless the manufactures warranty specifically says it covers contents loss for xx amount of months after purchase then I can't see how you can claim. This type of claim is for the insurance. After reading Argos's terms & condition (Section 7.4) I would be surprised if they don't pay out easily. Have you got the receipts for your food?

DavidBrown

The warranty is with Candy, so I wouldn't think Argos would (want to) get involved.

RoadrunnerV2

Ringpeas

Useful links for you, btw I am not against you

http://www.consumer.gov.uk/consumer_web/shopping.htm#1

Speak to your local trading standards office as well! http://www.tradingstandards.gov.uk/

David, As mentioned, If the manufactures warranty for the fridge covers lost content then ringpeas won't have a problem....argos will either act as a middle man or pay out & then claim against candy.

RoadrunnerV2

Meant to say I agree with David

Ringpeas

It has been very confusing from the start.

Candy said I should claim from them but did not need receipts. He signed to say he saw the spoilt food and gave us an address to write to. We have done this twice and heard nothing back.

Argos enquiries said we should claim from them (on 2 occasions) but their customer relations dept said otherwise

I think my insurance excess is £50 and I think that will be applied to each failure. I have only got the receipts for the last lot anyway.

Why should my insurance pay out though? Argos have sold me a faulty appliance, my contract is with them, so surely they should pay and claim it back from Candy who made the cr*p in the first place????

jaf01uk

As far as I understand consumer laws the contract is with the seller of the goods not the manufacturer

Ringpeas

Hmmm, I think I need to speak to trading standards.

As for Argos and Candy, they don't know what each other is doing

Candy is coming on Tuesday to do a swap, whilst Argos are coming on Monday (possibly, can't confirm) to take the old one away and maybe bring me another in 21 days time. (family of 5 to feed, no fridge freezer for 3 weeks!!!!) I have given up trying to get a consistent answer out of Argos, so I guess we will be out if they come.
Once I have got a working fridge freezer again I will let them worry about who should bill who.

RoadrunnerV2

If Candy offer contents liability for the fridge in the warranty then they will have to cough up - might be to a certain limit though. If you go though Argos no doubt they will claim from Candy.

Good luck!